Ganesh v. The Inspector Of Police

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 15.03.2024 for the alleged offence under Section 174 (3) of Cr.P.C. and subsequently altered into Sec.498-A, 306 of I.P.C. in Crime No.49 of 2024 on the file of the respondent police, seeks bail.

2. The case of prosecution is that on 29.11.2023 the petitioner got married to the deceased Vijaya as per Hindu customs. At the time of marriage, father of deceased gave 7 sovereigns of jewels to her and 1 sovereign of gold ring and a sum of Rs.2 lakhs by cash to him. The petitioner is working as a Document writer at Hosur nearby Registrar office and he having illicit relationship with one lady, thereby there was a quarrel arose between them frequently, however, inlaws of deceased also demanded her to bring dowry from her parents due to which, on 14.03.2024 at about 07.00 p.m., the deceased hanged herself and died. 1/5

Hence, the complaint was registered against the petitioner.

3. The learned counsel appearing for petitioner submitted that as frequent speaking over mobile phone by deceased with her friend, he has warned her, due to which, there was a quarrel between them. In fact, even prior to the date of occurrence, she left the matrimonial home and later she came back only on 10.03.2024. He would submit that he has not at all committed any of offence as alleged by the respondent police and he has been falsely implicated in this case and he will abide by any condition that may be imposed by this court. He would further submit that the investigation is almost completed and that the petitioner has been suffering incarceration for more than 39 days from 16.03.2024. Hence, he prayed to grant bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that the petitioner, who is husband of deceased have got married with her on 29.11.2023 and within a period of 6 months, she committed suicide, since because her husband and inlaws demanded 2/5

dowry. He would submit that that if he is released on bail, he would tamper the witnesses and hamper the investigation and investigation is at initial stage and R.D.O. enquiry is also still pending. Hence, he vehemently opposed to grant bail to the petitioner.

5. Considering the above facts and circumstances, and according to prosecution, due to a harassment demanding dowry by the petitioner and his parents, deceased committed suicide and on seeing gravity of offence committed by the petitioner and also the fact that R.D.O. enquiry is still pending and the investigation is at preliminary stage and at this stage, if he is released on bail, he may abscond and there is possibility of tampering the witnesses and hampering investigation, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

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T.V. THAMILSELVI, J.

rpp Crl.O.P.No.10032 of 2024 24.04.2024 4/5

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